The Sun. — London, England, 1810-05-15 00:00:00

I lueen waft'' i, , e on OW positiong Ind wile , iod,,rl)l e o f the It peac e ' rimelve s ' a nd 13t1' the 10 ' Regist et cergifi • -e in t 1 ►"• s of Af' DI enter , te, par , or pora' or. A trans: lister 01 1 - other he les icarce- Itholic le Pa t r u n on •. ign or US Of s peOr 'estore than ip hi • been pr and r-qe- It act 4 th° -daily ate res of in? g tq paSS• ding per . .O S af hoc the , e ral pfC' TO lOW L4l RE PORT. COURT.OF KING'S BENCH. 14AY 1 4. • CATHOLIC BENEFIT cOCIETY. Iq last Hilary Term a rule Nisi was obtained by . Clifford, ea.ling upon the, Magistrate.: of the 'ir'!inty Stafford, to sheW cause why a Mand am u s i ;''ld not be grante d, comman di ng t h em to a d m i t it: Articles of a Benefit Society, and to enrol them, pi;ritiant to the 33d Geo. , It appe are d that a Society, calling them s el ves i lhe Benevolent Society of Secular Catholic Cler-, had formed themselves into a,body, . and had. Ir a ITled certain Articles for their rule and govern -11'"t, and that they exhibited these Articles to, the ,astice s of t h e Q uaver S ess i ons f or the County of kitfurd, for the pur;use of their being enrolled, Pursuant to the above Statute; but that the Jus lee. after having observed them, had r ef use d t o t t 'rol them, upo n the ground that they -were "hposej of repuhtions contrary toile intent and 4 e aning of the Ad. For this ref nsal the application :ss . made, and a rule Nisi obtained last Term, fur "alatida tnu s . to compel them to enrol them. I the ATTORNEY-GENERAL this day shewed cause thatrule. He sia.-ri, that nothing was far- I til er froth the minds of the respedable Magistrates, herepresented, than to deny the operation of 19t• •neficial law to any s t of men in their county; Zuch 1-ss'to these peace a b:, persons,. who imagined sg einst:lves aggrieved in the present instance, and I t % 8°4.1 the intervention of that Court ; but they I‘, 'I public duty to pe r form, an d tha t was , t h at tm-s , admieistered the law, they were to take t 4 c , that not break the law. The ground, I ,:refore, on winch hey rejelited those Articles was thA if they had received them, they would g 've brcle the law. Hero. thy Learned Counsel re.; t ' t ett a vat iety of Cbjeatiolis to the Articles, two, in 1 1 :` 1 1 rtteiilar, he fixed on as utterly subversive of the • Ining and spirit, as well as the letter of the 13ene ,1 Society At, called ,generally " Mr. Rose's Ad." ' l , l . nd here he adverted to Seine expmssions used 7 the Counsel who .obtai ne d t h e ru l e , w hi c h h e ,misidered as invidious towa r d s th a t G e ntl em an., in i t the bird "An of and retir e d Ce.untry barrister." fact was , t h at t h e M ag i strates k now i ng that Mr. 'kat :!e Rose was the author of the /31,11, they tiatu plly ransmitted the Articles-in question to him, for I ' 'pinion as to their relevancy to that Act, which be.gave in terms too that did not call - down 'e• 11, hi m t h e i nv idi ou: o b servat i ons of the Learned `i Iltleman. He stated, as the law is, that the Ar i!les, in t h e i r p resen t s h ape , cou ld not 'b e enro ll ed ; a 7 he suggeied, in the kindest w a y, a p ro p er alter of thete.The Art icles.which he most particularly Zereohieeted to, were thO se w hi c h con s t i tute d a Zrld for the head. of the Society, out of which h e as to baxie an annuity during les life ;- and the e h lher onkelionable part was, that no p e rso n s h ou ld L tclitittted a member of this Society., teit threugh 7 c i ,4 approbatton, who also was, to have had th e c hi e f t aPosal of its funds, without being subject to the % NAHA of the Justices in Sessions, or otherwise, d, In fad, without being under the controul of Gtribunal, except, as the Arti c l es sa id, " to od.' Lord ELLENBOHOUGH here looked over the objec %lthe parts, 4.1 d asked, whether, if they were re -414e(1, there might not be enough left to bring the utter within thn-leiter of the Aa ? lie certainly r i d consider .tik.se Articles as being in ;he very teeth %the law, in their present shape. . he ATTORNEY-GENERAL -answered, that the Z ine spirit which dictated those two Articles, ran mOugh the. whole of them ; and it would, be t t 4refore impossible, without a general renOva )4 of all the Articles, for the Magistrates to en -01 them. The Court expressed a similar opinion. Mr. Cuff osn apologized for the expressions bled respecting M. Rose, by assuring the Attor. L le Y-General, that he meant nothing invidious to wards that Gentleman. He acknowledged that r'e of the Krticleeimas contrary to the Ad of Par tharG 'amen t EL.L.Emsoaouon..—,The rule must be dis g old ed. It was discharged accordingly. COURT OF COMMON PLEA:S w lthyt4... DAVIS . V. LADY GRAMAIID. An application's:liras made to put off the trial of this t 'arse, on the "atdavit of the Countess D owager o f 3 ttard, straitai that she was prevented from prov ;llg he r mairlage and plea of coverture, in th e a cti on , the absence-o i l a material witness, who was in .I 'eland. The Learned Judge . advised Mr. Seijeant Best, the Counsel for the Plaintiff, to agree to the 111 °tion because, said his Lordship, you will get the U'sts of the day, which i s more t h an you may btain, by going on with the cause. The-cause was T or dered to stand over for trial, at th e Si t ti ngs a ft er erm. 4THE. THEATIt 8.--The fine 'historical drama of 7 ing John was reviv e d w ith great sp l en d our on Sa urday-- last at Covent-G a rd en Th eatre . •K EMBLE IleVer supported the part of King John with so much ‘ ,. ab ,ility and effete as on this occasion. Hi s i nterv i ews. "II Hubert end his dying scene were admirable sPeeiturns of the art. Mrs. SWDONS was no less ! ki lful and etiettive in Constance, and there was a very CPressive show of spirit an d easy humodr in ~HARLEs .1(131.2's Falconbridge. At th e same 1. -theatre l ast n i g h t , t h e trage d y o f Macbeth was t 'Pea!ed before a very numerous audience, and t ERBtt, And Mrs. Stono N s r en de re d am pl e j ust i ce ‘ ° th e d rea d f Ul h ero and heroine of the piece. This ex cellent drama -is also brought forward with great ma gnificence of scenery, decorations,.Bcc. &c. t . Musrc.—Want o f room prevente d us from no- Ic ing th e A nnua l C oncert g i ven b y t h e KNYVETTS °4 Fri t : ay l ast ut t h e K i ng ' s T heatre. It was in all I. es Peas worthy of their high p ro f ess i ona l repute , ei(l was attended by an elega n t au di ence , w h o corn ,ely filled the great Ro om at th at p l ace. Th e . 4 1 ; 1 'ci vocal performers were Mrs. BILLINGTON, Miss 411 4 E, the - 1, 7 ,‘031-IANS, the KNYVETTS, and BRA.. OA NI. -A letter from Zante sacs—" These islands have ;41'lered m uc h t hi s year f or 1 1 2 e want of corn, which 7 4 hiled i n a l most every part o f t h e Mediterranean. their export trade been cut off, they must have ; . "Nlv.!d. We rramtain a tolerably good under- Ally' Pasha and his son Vely Pasha, ' 41,- ernorof :27'n :coo and the Morea." ijiPERI4I, HOUS'E OF PEERS; MONDAY, MAY 14: Several Private Bills were brought up froth the Commons, and read a first time. CRUELTY TO ANIMALS. Lord ERSKINE, adverting to the Bill which he had introduced 'in this subjeci, wished that the order for its re-commitment on 'Thursday be discharged. His ohje& was to introduce some further clauses into the Bill, and to alter some others, by which he hoped to be able to render the measure nnobjeetion , . able to their Lordships. The order for the re-com mitment of the Bill was . then discharged.—Ad, journed.- HOUSE OF COMNONS. MONDAY, MAY 14. The House was occupied till a ,late hour upon a variety of Inclosure hills. Lord PORCHESTER moved the third reading of the Wiltshire Canal Bill. An amendment was moved to delay the third reading for a week, on the gr , ;.und that the interests of the coasting na vigatori had - not been duly considered, but the No. ! ble Lord stated that the Committee had duly eon sidered them. A division took place— Ayes for the third reading instanter, 103—Noes 15—Majority 93. _ . The Bill was read the third time and passed. THE CATHOLIC PETITION. Mr. GitATTAN., in consequence of the absence , Of a Right Hon„, Friend (Mr. Ponsonby) postponed the tnotion.for referring Ahe:Petition of the - Catholics of Ireland to a Committee (which stood for to-morrow) until Fridaymext. . . .._ . . . . Mr. 'WHARTON presented a variety of Payers re lating to the Island of Trinidad, which were laid on the table. . ... . . . .. The Exchequer Bills Bill and the Embezzle meat Bill were severally read a third time and passed. •- . THE EAST INDIA COMPANY.-, Ms . ASTON presented a Petition :from. 'the East India Convny, praying for public aid.. The SPEAKER asked. if the Petition came recot-ii mended by ..is .114ajesty ?, ' The CHANCELLOR of the Excimatraa answered in the affirm, Live. The Pe! i ;ion was then b rou gh t Up and read .by the Clerk at the. table. It stated, in substarree, that since the year 1793 the Company 'midi:wet . erTaged in various.expensive naval and military - expedttions, for the general interests of the British Empire. F; at in 1805-and . lBoB their accounts relative r:I, rrto had been delivered in. to Parliament a.id referred to Committees--that at different t: n(,4 they had.re ceived for claims certain sums front the , Exchequer in liquidation of those claims. but that ti‘e whole of these. claims had nor been. finally atijtoted hat many of the islands conquered by the arms of the Company wereuow under the controul of Govern ment, and the expences incurred in eaeturing these islands formed part of tip.t:r .!ernands-- hat as there were balances in- their favour die from the Public, they hoped the House would tAce iruw their con sideration, and refer the Petition to a Committee, &c. Thistbtition was agreed to in point of form, and a Petition similar in point of fa& was brought up. On the question. being put for its being rt ferred to the Conittee appointed to inquire into the affairs of the East India Company, and that they be directed to: report their proceedings, with their opinions—. Mr.CREEVEY expressed his surprise that the Hon. - Gentleman opposite (Mr. Grant) who usuatiy ,p7e sented petitions from the East India Company, had not presented the petition. The pettiun, however, he observed, stated that the public were indebted to the Company for certain and various lediai expe ditions. - Now, he would shortly state how the case stood in that resped. The accounts of the Com pany were referred to' a Committee, in 1805, and that COmmittee made a report, in which they tasted, that the Government were indebted to the Company .2,300,00.01. Of that sum 2,000,0001. was-accordingly paid to the Company, and of curse there remained due 300,0001. In 1808, another Committee was appointed to inquire into their • claims, and to consider generally their- affairs.— The report of the Committee of 11305 was referred to that Committee, of which he (Mr. Crecy) was a Member, and the latter Committee, professing in their report to , abide by the decision of the Committee of 1805 found that in addition to the, balance of 300,0001. a further sum of _1,200,0001. was due, and consequently the debt was swelled to 1,500,0001. which sum was also paid to them. On that occasion, so well temembered, that his Hun. Friend, the Member for Bedford, had asked if the Right Hon. Gentleman opposite (Mr. Dundas) if the accounts of the Company were closed, and if this sum would constitute the whole of their de mands to that question, the Right lion. Gentleman replied in the affirmative. It appeared, however, now, that instead of the, fad being so, they have a further demand of 1,900,0001. Should not the Company, in fairness to the public, have said, when they got the two millions, that they had further demands; pot having done so, it seemed to him a sort of desperate attempt for them to' come for ward now. No doubt that they thought it were convenient tq get money uncle: the appropriation ad rather than by bill, which would be open from stage to stage to opposition, and consequently they would be liable to be exposed. Four years had pas sed, and no exposition of the state of their affairs had been before the Public. The Right Honoun ! , able Gentleman had not brought any India Budget, and all that the House knew of them was from the Journals. In Ibo 7 they had borrowed on bonds -200,0001.; in IsoB, they were paid 1,500,0001. and last year they had stated that their receipts were equal to their expences ; but now on a sudden, they came forward with an old claim, after the Public had reason to expel they had settled with them. It was, in his opinion, either equitable or just to open their Accounts again : besides,, he believed the Company were divid ing on their profits a dividend of ten and a half per cent._ ' Mr. C. GAANT maintained, that the Company, .notv...ithstauding what the Hon. Gentleman had . t Stated ; had a jut claiirj on ilt•e Gov'iintrient, which their could not .give up. All that they desired vas justice and a fdir etainination into their With' reSpeCl ,to the Settlement of 1805, the Company hid always protested ag'iinst it; and as to the payment of 1,500,0001. the Report which was made on that subje6l ti's founded iria-cdni plete misrepresentation, for there was an admix= it:re of old anJ hew atricles in that account, and there was a large balance due then. As to, the di vidends, the Company had not shared . More than they were warranted in doing fain] the boanner cial profits. Lord A. HAIVILTON supported the statements of the Honourable amiletnan, (Mt. Creevy); on the ground that the - i:otiiPany were boUnd to lay before the House an exposition of their The CHANCELLOR o of the Eitcncouia denied that the sanelibn of hiSMajeSty's G o v ,er n in e nt h a d been given to the Closing of the accotnit. He did not state that the Rims alluded to by'the Hon. Gen tleman constituted the whole of the CoMpany's claims. It had been strongly stated to .him that the Company had %Ili. g done them in that re sped, and therefore in nctioning this application, 'he did no more than in justice he was boutici to do as between a public creditdr and the GovClll - Mr. WHITBREAD obiervel, that it certainly had appeared to him, at the period to which his Hon. Friend referred, that a balance had been struck. It now turned out from the statement of the Hon. Gentleman (Mr. Grant) that they did, not consider themselves as having been equitably or tairly dealt by ; but if i-he Right Hon. - Gentleman, the Presi dent of the Board of Controul, and the Right Hrin. Gentleman (Mr. Petceval) who were both in office at that time, thought they had any further he did not see- hOw they could make "Iu the petition for the than of two millions, there was no mention made by them of these cloitos: Why, then; had they stept over them'? •Why hid they nut urged thetn: to the Right Hot:oUrable Gentle man ? It was highly disadvantaoeous to the Public when the account re-Opened, die lialrice . having been once sated. , A Right Honeurable:Gentle man had said, the door of the Houst t-ught' to . be opened wi.le petH.ners, the petition of to-dily skewed that the doors were wide open, perhPi,s too wide. DUNDAS arlrbitted. this 4he . staternent of the Hon. Gentleman (Mr. Whil:•read) perieely correct, with resp , , , (-.1 to the; account being closed. He had 5 , 21'' that it vc's sO, as for the report of the Dirtimii;.e. The Company in 'their Petition protest again s• i)eing compelled to pay the exrences :ta t: Wands under the dominion' of his 11/la . te-tv's Govern:nem, for say they, " We are at alP•the expence of .aking the Island~, such as Cey-7 ion. &e. and th , % - r , f rho.. , ydu; t.3e Goi.er-Toent, tdke • !:. " that the Co.npahy (.1 , 1 - inent'ot teo flo 1. ~ } rtfuse to hear 111:•:u, and desire that they will apply to the House ; they therefore having just claims subseqUent to the'report ofthe•Committee . of 1808, _make their appeal, and surely the Hon. Gentleman would not refuse to the Company what was not refused to an individual. (me. Palimr) after a lapse of twenty years ‘;‘• hose accoupts had bee 6 closed with the Rost Office, Tke Petition was then ordered to be referred to the Committee on India Affairs, MAIOR CARTWRIGHT's PETITION. , Mr. Wmt - r7.ltrz:, icid in his hand a Petitior , r ,, i , :; ,, r.Cacti.:iright on the subject of powr priviege, which he was requested to present to the House. He had read it, -!!:(1 found nothing in it, in his opinion, otfensiv..l to if he had he should havi . desired the Major to corrected it. The Gentleman, he observed, had passed a long and laborious life in inve,t:gating and studying the funda:.iental principles of the Constitution. He was a person of great integrity and character and was entitled to respect on that account, whatever opi nions, politically speaking, other Gentlemen might entertain of hitn. On this topic he had informed him that he had applied to the Right Hon. Gentle man opposite to present a Petition t o th e Ki ng , b ut the Right Hon. Gentleman had refused, by alleging that the Major had no right to be distinguished from any other person. With many of the sentiments and opinions in this Petition he. perfeoly agreed, others he doubted, and from some tie.4ittered. Hilts Ma jesty's Governintmt should'thlnk the Major not en titled to consideration on the present occasion, he must observe that the Admiralty thought differently, for they had, at tht.lage of 70 and upwards,.conferred on the Major the'rank of Master and Commander in the Navy, for serviLes performed 50 years before, when he had been a Lieutenant. The Petition Nvas thco broiht up and read. It generally referred to the necessity of Reform, and contained the sentiments of the Major on the sub je.A, which have been over and over again before the public tor the last 30 yean, complained of the capture of Sir F. Burdett by an armed military force 'as contrary to the Constitution, &c. Mr. WHITBROAD moved that the Petition do lie on the table. The CHANCELLOR of the EXCHEQUER felt him self compelled to oppose the iceeption of the Peti tion in consequence of the language in which it was couched. He instanced two passages, the one in which the Petition declared, that. the Ads of the House " were past all endurance ;" the other, that " of the iLegality 'of their proceedings there could be no possible doubt ;''. he could not consent to the reception of a, Petition containing such disiespetiful expressions. Adverting to the length of the PL-ti tion, he observed, that if it were to become a prac tice to present to the House petitions of such' an extent, they might soon have folios offered to them. It was not on this ground, h owe ve r , t h a t he opposed the reception of the pres,nt Petition, but for the reasons "which he had t h ready stated. Mr. WHITBREAD was sore that the person by whom the Petition had beer, pUt into hip hands had no intention to insult the House. If he might guess from the demeanour of oat person, from the conversation that he had with nim, and from tha whole tenor of his political lite, te was persuaded that he hal not the slightest intention to insult the House ; but that, on the coi,trary, tt was his laudable ambition to have his opinions on the present mo mentous crisis of public attTtirs recorded on their satisfied that if A on na e as ,f • or t O r wri bad atiticlpaQ the bbjeetioii w,tieli had Been • to ionic of the expressions iri litS peti;Oit; he have altered then) ; he nithi not then have accommodated himself to th'e hew fingled doetrines of the Right liouoiirdble Gentle man, who now added to his former reasons for riot receicing the. petitions bf the people the leigth td which and the number of grievances Olaf it had no fottutimely beebnit necessary to entimerat tin; avoidably extended them. What were the expresa sioris obj,..Cled to by the Right Honourable Gen.:., T tleman? Tile first was ".that the a ti s o f t h e g o n se _were past all -endurance." . for hims.elf he could see nothing offensive in this plunge. Suppose House of Commons composed of less virtuous indi. vidualS than those by whom he wag then surroundedi Was it not possible that they might commit ads " yond all endurance ;" and in that Case would it not be much better before violence was resorted to by the people, that they should approach the House by petition ? Was it surprisifig that such an exprei dolt' should follow therecolleelion of that. moss disgust.. in g and disastrous vote of the l a st SeS s i on , w hi c h had produced a digSatisfaCtion so general, that if not promptly remedied, it might go on in a way that would not be controoled so easily as by a redress of grievances. -A person on the rack Might exclaim that his sufferings- were " past all endurance" 'behast the moment of his.death ; so with the Constitution ; that might be stated by the people to be " past all endurance," under a repetition of which the Consti tution would expire. The term was one.of common phraseology. It had .been used ten thousand times in 'that House during the last few years, in com plaining of the .expression which the oppressive mode in which the assessed and other taxes were collCaed' had occasioned— It , was evident. that, it could only be. figurative, for .not-only- had .1 he at'is alluded to been 'endured ; but others of a nature equaily to be reprobated: The second: expression objeeled to by the Right- Hon. Gentleman was the opinion *of t yf the proceedings of the. Htiuse of Cot-anions" on a late occasion. weeet not enough th it the I'letise . entrenched the:rise:vex vileges which!they weuld not allow a Celert le eues tio'h, ond. xespeaing which they would inot .permit the Crown to interlere; but that they. must aiso be offended. atet hepeoplee , for expressitig_a doubt oti the subject. .' He hirns.elfo had no question ot the leg« lity ofthe Spefdeer's.Weirant, but he eoted. eeebe persuaded that.it Wai so 1. - -.11-06wertul eL:eit not -• be questio; , ed by any' individual, ar body but that winch issued it. The Eloesc of ‘..;ein mous had decided . that . : the Speaker eect tee !.)e. should plead' on that question.- It was one v.oecie must soon ne brought before a Court. of Law, whir ti it was presuMedthat the decision would be in ene way ; but if it should so happen that it were .to be decided hi another, then not only M . : J or Cate• wright, but e . er,' bo.iy else would be juft , ficd -sertiog its tilegal:ty. Wli.en there we'c .so many well-known and high legal opinions. against the legality of the proceeding, ' it was too much for the Right Honourable Gen: ienian to say :that. a petition ought not to be received - because it .questioned its legality: • • TOO CHANCELLOR of the EXCHEQUER, in expla nation observed, that he did not object to the reeept tion of the petition, because it questioned the :;:p -lity of the proceedings of the House, but becauso it stated, " of the illegality of their proceedings thrre could not be any doubt." Mr : WHITBREAD replied, that that was merely " in the o:it-lion of the petitioner." The CHANCELLOR Of the EXCHEQUER tnainiain• ed that it was a positive and unqualified assertion. Mr. BRAND contended, !hid as a subject of 'the realm, the Petitioner was entitled to express an opi , pion on.the legality or illegality of the proceedings of the House, : pending the consideratich of thoSe prOceedings itija Court of Law. He theretbre gap• roiled the motion. 'Mr. Secretary' RYDER opposed the reception of the Petition. If the House entertained petitions con- ' raining such .otfensive expressions, they would . de.. se! ve to be insulted. :A division then took For the motion . . • . . 21 Against it Majority . . . GLAMORGANSIIIRE COLLIERIES. Mr. H. SMITH called the attention of the tiouse to the Petition respeding the Glamorganshire Coln. cries, and after a very able and detailed statement on the subjeil, moved to refer the Petition to a Select Committee, to examine the same, and to report to the House their opinion thereon. A long discussion ensued, in which Lord C. So. merset, Mr. Lubbock, Mr. Jacob, Mr. D. Giddy, Mr. Bathtirst, Mr. Hall, and Mr. Adam partici. poted. On a division, the numbers were For the Committee • • •74 Against it ... 6o Mr. BLACHFORD obtained leave to bring in a Bill to aluend the Aet .permitting the Retailing of Small Beer without Licenses. ADMIRALTY DROITS. Mr. TIERNEY thought some means might have been found for making a provision for the Duke of Brunswick without troubling Parliament. Though no man was more willing than himself to do justice to his merits, and commiserate his mistortune, vet he must oppose a grant for Whichuo sufficient clain s had been established. The Civil List, or the 4. per cent. FandS might have been resorted to. -Ali he desired was that the Consolidated Fund should not be charged with a pension of 70001, per annum, if another Fund could be found at his Majesty's dis posal capable of bearing such a burden. The Ad miralty- Droits, he thought, could well sustain such a charge, and the pension ought rather to -be paid from them than from the pockets of the Public. He concluded by moving an Address to his Ma jesty, setting forth that the House had taken into consideration the message his Majesty had_ been graciOudy pleased to send respecting the 'making a provision fiir the Duke of Brunswick, and to assure his Majesty that they deeply participated i n t h e anxiety he felt for making a suitable provision for a Prince by birth, so nearly allied 'to the throne, and for whom his Majesty naturally felt so much intr.: rested, and that they had granted -a settled inewee, to be regularly paid out of the consolidated Funds. But they telt it to he their Cuty to represent to his Majesty, while thus anxious to shew how much they entered into his Majesty's feeiin2s, that the people el Cuts country are suffering under .lie.2vy i~ , 4.'s